1. Sanitary and phyto-sanitary and technical standards in the KORUS FTA and WTO

2. Preview Purpose of sanitary and phyto-sanitary and technical standards
Scope of sanitary and phyto-sanitary (SPS) and technical standards
Problems of adhering to the agreed standards
1-2

3. Purpose of sanitary and phyto-sanitary (SPS) and technical standards
Sanitary and phyto-sanitary (SPS) standards are applied to imported and domestically produced to reduce the effects from pests and diseases:
human welfare or human health and safety: protect humans from pests and diseases
animal welfare: protect plants and animals from pests and diseases
economic welfare: protect countries from the economic cost of pest or diseases

4. Purpose of sanitary and phyto-sanitary (SPS) and technical standards
More generally, sanitary and phyto-sanitary (SPS) and technical standards are applied to imported and domestically produced to maintain
safe and sanitary products, particularly food
consumer protection more generally
environment protection, particularly by agricultural practices designed to minimize pollution
occupational health, safety and welfare for various industries, particularly the food industry
animal welfare, particularly in agriculture

5. Scope of sanitary and phyto-sanitary (SPS) and technical standards
Under the WTO, the scope of various sanitary and phyto-sanitary and technical standards are covered in
Article 20 of the General Agreement on Tariffs and Trade, agreed to in 1947
Technical Barriers to Trade (TBT) Agreement , agreed to in 1979
The Sanitary and Phyto-Sanitary (SPS) Agreement, agreed to in 1994
See

6. Scope of sanitary and phyto-sanitary (SPS) and technical standards
Under the Korea-US FTA, agreed to in 2012, definitions and scope of various aspects of sanitary and phyto-sanitary measures are covered in
Article 8: Sanitary and Phyto-sanitary Measures
Article 9: Technical Barriers to Trade

7. Scope of sanitary and phyto-sanitary (SPS) and technical standards
Under these agreements, countries generally agree
to use international standards or regulations when appropriate
to use scientific standards and scientific assessment of risk
not to unjustifiably discriminate between members when conditions are similar in member countries
not to apply measures that are disguised trade restrictions
to maintain a government information/inquiry body to inform members and the WTO in advance about changes in standards

8. Scope of sanitary and phyto-sanitary (SPS) and technical standards
In sum, SPS and technical standards should
address sanitary/health, other consumer, environmental, worker, animal or other hazards
be consistent with international standards, whenever appropriate
be based on rules (not arbitrary), and be especially based on scientific rules
be non-discriminatory: conform to national treatment clause
consider the welfare of consumers and producers/sellers (including workers)

9. Problems of adherence
Even though the WTO and KORUS FTA have been voluntarily agreed to by member countries, problems of adhering to the agreed standards remain:

10. Problems of adherence
Countries in the WTO sometimes have problems adhering to the agreements because they:
lack the means to scientifically measure risk or hazards
have difficulty conforming to international standards because of cost.
The problem is even worse when scientific standards and risk analysis need to be updated over time.
US or Korea can also experience these problems under the KORUS FTA.

11. Problems of adherence
SPS or technical standards could be used to restrict imports through
unjustified (that is, non-scientific) or discriminatory regulations.
costly and time-consuming tests.
The problem increases when inspectors are inept, politically influenced or corrupt.

12. Problems of adherence
Multiple bodies with overlapping jurisdictions are involved in inspection,
sometimes resulting in multiple inspections and no single body overseeing food production from start to finish.
There are often no international accreditation for food safety/sanitary standards.

13. Problems of adherence
To reduce problems 2. and 3. (and possibly 1.), the WTO encourages, but does not require, the principle of “equivalency”:
trading partners should try to adopt similar or equivalent standards and inspection procedures and accept the inspection procedures of other countries, whenever appropriate.
For example, food can be inspected when it is exported or imported, but inspecting it two times may not be required.

14. Problems of adherence
Standards sometimes do not distinguish between safety and quality, and quality standards can also be a hidden barrier of trade.
For example, “poor” quality food is often cheap food, and consumers should be able to choose to buy it unless it is unsafe/unsanitary.

15. Summary
SPS and technical standards try to address various sanitary/health, other consumer, environmental, worker, animal or other hazards.
Countries agree to try to make these standards
consistent with international standards, whenever appropriate.
based on scientific rules instead of arbitrarily applying them.
non-discriminatory and not to treat domestic products/production more favorably than imports.

16. Summary
Countries also try to adopt equivalent inspection procedures and try to accept the inspection procedures of other countries, when appropriate.
But even though countries agree to implement the principles, they may lack the resources necessary to assess risk scientifically or to make standards consistent with the latest international standards.